PEOPLE v. WOLFE


278 A.D. 967 (1951)

The People of the State of New York, Appellant, v. Lewis Wolfe, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 18, 1951.


We will assume that the court had jurisdiction to make the order. The order sets aside a verdict six years after its rendition. Unless and until the reversal of the judgment, the finding of the jury, on a disputed issue of fact, is conclusive that he was same when he killed his wife on December 30, 1943. The court observed nothing in his demeanor throughout the trial during which he testified at length, to suggest that he was incapable...

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